from the that's-a-temper-tantrum,-not-leadership dept

We were mystified last week when FCC chair Ajit Pai decided to attack both Hollywood and Silicon Valley because some (not all) people in both communities have spoken out against his plans to gut net neutrality. The attacks were weird on multiple levels. Regarding Hollywood, the comments were strangely personal -- picking out a list of entertainers, often taking their comments out of context, and attacking them in very personal ways. It was, to say the least, unbecoming of an FCC chair to directly pick on entertainers for voicing their opinions. The attacks on Silicon Valley were... even stranger. First, he claimed that the demand to keep net neutrality was really a ploy by the largest internet companies (i.e. Google & Facebook) to keep their dominant position. But that ignores the fact that without net neutrality, they're well positioned to further entrench their position. More importantly, it totally ignores the fact that neither Google nor Facebook have been strong advocates of net neutrality (and, in many cases, have pushed back against net neutrality).

Bloomberg now has an article up explaining why Pai would make these attacks: apparently even among Republican activists, there's effectively no support for his plan to kill net neutrality. So, rather than (1) admit he's made a huge mistake or (2) give good reasons for his plan, he thought he'd pull a sort of Trumpian game of blaming other people that Republicans are supposed to hate, in the (not very accurate) stereotypical view of the US from the reality distortion field known as Washington DC.

For some reason, restoring the lost power of huge telecom companies hasn’t lit a fire in grassroots circles on the right, a point that Pai’s political allies have been acknowledging privately for months. So the FCC chair came back from Thanksgiving looking to create a spark. In a speech on Tuesday, Pai angrily denounced celebrities and tech companies who have been criticizing his plans to undo the 2015 rules. Hollywood is always a good scapegoat, of course, and Republicans looking to stir up anger in 2017 do well to frame their issues as a response to the unchecked power of Silicon Valley.

[....]

This isn’t a new tactic for Pai. “He had the same complaints about us being shills” for internet companies, said Tom Wheeler, the FCC chairman who ushered in the 2015 rules. Anger towards tech on the right has only grown since then. Brent Skorup, a research fellow at the Mercatus Center, a research organization at George Mason University with a free market bent, regularly talks to Republican Congressional offices about tech policy. “They see a lot of these issues through the lens of payback for tech companies,” he said. (Skorup supports Pai’s approach.)

This is not how good policy is made. This is not leadership. This is the Chairman of the FCC throwing a childish temper tantrum and blaming industries, just because he thinks it might provide him additional cover for his bad, poorly thought-out plan. "But, Mommy, those other kids were mean to me, why are you blaming me?!?!??!"

Once again, it's worth remembering that outside the bubble of Washington DC, net neutrality is widely supported across party lines. Multiple studies back before the 2015 rules were put in place found that Republicans/conservatives supported net neutrality by an overwhelming amount (over 80%). A more recent study from last year found the same thing.

At this point, it's undeniable that the vast, vast, vast majority of Americans who understand the issue favor having net neutrality rules in place. It is a small, but vocal, contingent of folks (often with ties to the telco/cable duopoloy) who magically feel differently about it. A good FCC chair would actually convince people why he's right and why they're wrong. But that's not what's happening. Pai is just lashing out, and because he thinks his side hates Hollywood and tech, he's decided to try to somehow, nonsensically, strap his own argument to the anti-Hollywood, anti-Silicon Valley message he thinks will help get people excited.

from the shenanigans dept

So we've noted several times now how the FCC's open comment period for its Orwell-inspired "Restoring Internet Freedom" net neutrality proceeding was simply awash in all manner of fraud. From bots that filled the comment proceeding with bogus support from fake or even dead people, to fake DDoS attacks intended to downplay the wash of angry users that flooded to the agency's website in protest. All of this stuff is more than likely to pop up in the inevitable lawsuits that are filed in the new year after the net neutrality repeal formally hits the federal register.

"Specifically, for six months my office has been investigating who perpetrated a massive scheme to corrupt the FCC’s notice and comment process through the misuse of enormous numbers of real New Yorkers’ and other Americans’ identities. Such conduct likely violates state law — yet the FCC has refused multiple requests for crucial evidence in its sole possession that is vital to permit that law enforcement investigation to proceed.

We reached out for assistance to multiple top FCC officials, including you, three successive acting FCC General Counsels, and the FCC’s Inspector General. We offered to keep the requested records confidential, as we had done when my office and the FCC shared information and documents as part of past investigative work.

Yet we have received no substantive response to our investigative requests. None."

That mirrors my own experience in trying to get the FCC's help after somebody hijacked my identity (and the identity of one of my employers) to falsely claim (twice, using two different bogus addresses) I support killing net neutrality protections. The general consensus is that while the FCC isn't likely directly behind this fraudulent activity, it's refusing to help because 1) exposing the culprit could expose the industry-linked groups behind it and 2) raising questions about the legitimacy of the one chance the public had to give feedback helps downplay the massive public opposition to the FCC's plan.

Regardless, the NY AG is proceeding with its investigation without the FCC's help. As part of that push, it has revealed a new tool on its website that lets you check to see if your name was improperly used to support killing net neutrality. Those findings are then submitted to the AG for use in its investigation and as evidence in any looming lawsuits.

Again, this is just one potential avenue of inquiry into this entire, rather grotesque affair. The FCC is also being sued by journalists for ignoring FOIA requests related to the comment fraud, for refusing to be transparent about its meetings with large ISPs eager to see the rules repealed, and for hiding details of the DDoS attack that wasn't. These will all be joined by numerous lawsuits in the new year filed by consumer groups and smaller companies, who are likely chomping at the bit to prove the FCC violated agency procedure (and potentially the law) in its rush to give consumers the tech policy equivalent of a giant middle finger.